NonFiction Book using magazine articles, nterviews and old ads

FredCharles · Jun 24, 2011

I am writing non-fiction book about the personal computing industry in 80s and 90s. I read through the forums about citing sources, but I could find nothing that fits my exact situation. Ideally, I would like to:

1. Paraphrase research from various magazine and news articles on the subject. In some cases I would like to quote material from interviews conducted with industry people. In most cases I would just use a few words here and there. For example, a game designer discussing why he chose to market a product independantly. Do I need permission to use these sources or can I just cite them? May of the magazines have since folded.

2. Since the book has a high nostalgia quotiant, I would like to use advertisements from that time period in the book. Do I need permission to reproduce an ad from a now defunct company? For example, if I was writing a book about Cereal, do I need permission to put a picture of a box of cherrios in the book?

Any help will be helpful.

Al Stevens · Jun 24, 2011

I was a columnist for a computer programmer's magazine during that time (Dr. Dobb's Journal) and beyond. I think you would need to get permission to reproduce articles or even portions of articles. Snippets such as quotes and one-liners should be okay.

Usually the author holds the copyright and the magazine has publication rights.

Many of the publications from back then are no longer in print, and you might not be able to find the legal copyright holder. Often the publisher listed in the mag's front matter is no longer who you need to ask.

The ads are the property of the advertisers or their advertising agents, not usually the publication.

(I am not a lawyer.)

Good luck.

P.S. The blog link in your signature doesn't work.

veinglory · Jun 24, 2011

In my experience if you quote even one word from a unique interview you should somehow make clear where it came from.

And advertisements will by under copyright even if the rights holder is now a little hard to determine it is unwise to assume they no longer exist.

PinkAmy · Jun 24, 2011

Paraphrasing can be considered plagiarism so if I were you I would check with a lawyer. You need to cite your sources either way, but I'm not sure how much you can use without having to get permission.
My understanding is that you can take a picture of a cheerios box and use it (but if you're going to disparage cheerios expect a lawsuit) but you can't take a picture off the cheerios (or general mills?) website and use it.
For non-fiction books, writing a book proposal to get an agent is usually recommended rather than writing the book. That's because publishers will have their own ideas what they want in the book. You'll need to have a few sample chapters in the proposal, though.

FocusOnEnergy · Jun 24, 2011

How about instead of paraphrasing and quoting old stuff, you track down and do new interviews with people who were involved in personal computing during the period?

As other posters have advised, do your due diligence. Just because a magazine has folded or a computer company is no longer in business doesn't mean that their content or advertising materials are fair game.

Focus

FredCharles · Jun 24, 2011

FocusOnEnergy said:
How about instead of paraphrasing and quoting old stuff, you track down and do new interviews with people who were involved in personal computing during the period?
Focus

Thanks for the responses. I am planning to track down some of the people to do new interviews.

I haven't been around this forum in a few years. It's good to see that it's still active with helpful writers!

scope · Jun 24, 2011

I agree with all of the above posts. I have written and continue to write a lot of nonfiction and can assure you that what you want to do is not as black or white as it may seem. You have to be careful and always cover your bases. I have an IR attorney who I run things by whenever I think anything is questionable. It costs a bit to do so, but if you are going to write your type of nonfiction mateial it's a cost you should be aware of from the get-go.

quicksand · Jun 24, 2011

As others have said, all that stuff is intellectual property and you need permission. Mind you, my non-fiction book is peppered with short quotes from news articles, and a lawyer has given it a green light. Paraphrasing is better, though.

Or, do what I did. Include it all for now, and if an editor says "all these quotes need to be paraphrased!" Well then, go and paraphrase them!

By the way, there is a landmark book dealing with the computer industry of that time. You really should read it as it will help you a lot.

"The Soul of a New Machine" by Tracy Kidder (1981). It's an amazing read about a team at Data General developed a new computer. It won a Pulitzer Prize at the time but I think it's out of print these days. Seriously, it's a must read for you, and you will enjoy it I'm sure.

FredCharles · Jun 25, 2011

Thanks for the tips. I've begun the process of tracking down the people that I want to interview and getting permission from a certain key publication.

veinglory · Jun 25, 2011

Best of luck with the hunt

scope · Jun 25, 2011

Fred,

It seems to me--I could be wrong--that you are trying to avoid using an IR attorney ("...and getting permission from a certain key publcation.). If money is the issue I completely understand, however, if you are a published author you might want to join The Author's Guild and thereafter spezk to their legal department. Just a thought.

NonFiction Book using magazine articles, nterviews and old ads

FredCharles

Al Stevens

veinglory

volitare nequeo

PinkAmy

New kid, be gentle!

FocusOnEnergy

Empirical Storm Trooper

FredCharles

scope

Commonsensical Maverick

quicksand

Exactly the same size in real life

FredCharles

veinglory

volitare nequeo

scope

Commonsensical Maverick